In early 2023, Florida legislators passed a significant change to the state's statute of limitations for personal injury claims. Previously, injured individuals had up to four years to file a lawsuit seeking damages for their injuries. Now, the window to pursue legal action has been cut in half, giving claimants only two years. This change has sparked discussions among legal professionals, as it impacts how victims of personal injuries need to respond when seeking justice and compensation. Understanding this shift is essential for both injury victims and legal professionals in Florida.

What is the Statute of Limitations?

The statute of limitations is the legal timeframe within which an individual must file a lawsuit after suffering harm. Once this period expires, the injured party loses the right to pursue compensation through the court system. Statutes of limitations vary by state and by the type of case being filed. For personal injury cases, the time limit aims to:

• Encourage timely filing of lawsuits, ensuring that evidence and witness testimony remain fresh and reliable.
• Prevent indefinite legal vulnerability for defendants by setting a clear timeline for potential claims.

Florida's statute of limitations sets specific timeframes for various types of cases, but personal injury claims were notably affected by the 2023 amendment.

Overview of the 2023 Amendment

On March 24, 2023, Governor Ron DeSantis signed House Bill 837 into law, which implemented sweeping changes to Florida's tort laws. Among the adjustments, the statute of limitations for personal injury claims was reduced from four years to two years. The shorter timeline aligns Florida more closely with states that also limit personal injury claims to two years, including Texas, Louisiana, and California.

Key Details of the Amendment:

• Effective Date: The new two-year statute applies to any personal injury claims filed after March 24, 2023. Any incidents occurring before this date are subject to the previous four-year limitation.
• Reason for Change: Advocates argue the reduced timeframe helps streamline the legal process and reduces backlog in the court system. Critics, however, worry that the shortened period will disproportionately affect injury victims who may not be immediately aware of the long-term consequences of their injuries.

What Types of Claims Are Affected?

The two-year statute of limitations now applies to a wider range of personal injury cases, including:

• Motor vehicle accidents: Injuries from car, motorcycle, and truck accidents
• Slip and fall incidents: Claims involving premises liability
• Medical malpractice: Allegations of negligence by healthcare providers (though specific provisions may still apply to these cases)
• Product liability: Injuries due to defective or dangerous products
• Wrongful death claims: Claims filed by family members of the deceased when a death is caused by negligence or wrongful actions.

How Does the New Statute Impact Injury Victims?

The shortened statute means that injury victims in Florida have less time to assess their injuries and make decisions about pursuing legal action. For some, the long-term impact of injuries, such as those sustained in car accidents or slip-and-fall incidents, may not become apparent until months or even years after the incident. This can leave victims with minimal time to prepare a claim, gather evidence, and secure legal representation.

Injured parties now need to be especially diligent about:

• Seeking medical attention promptly: Delaying treatment can not only risk one’s health but also weaken potential claims by making it more challenging to prove a direct connection between the injury and the incident.
• Documenting the injury: Collecting medical records, witness statements, and photographic evidence is critical for a strong case.
• Consulting a personal injury attorney quickly: Working with a legal professional early on can help navigate the legal process and ensure no deadlines are missed.

The Impact on Attorneys

The new statute has also shifted the dynamics for personal injury attorneys in Florida. Lawyers now need to work faster and more efficiently to file claims within the two-year window. This change emphasizes the importance of early engagement and clear communication with clients regarding timelines and case requirements.

Exceptions to the Statute of Limitations

While Florida's new two-year statute is now the general rule, some exceptions exist that could extend the filing deadline:

1. Discovery Rule: If an injury or its cause is not immediately known, the "discovery rule" allows the statute of limitations to begin when the injury is discovered or should have reasonably been discovered. However, this rule is often more applicable to cases like medical malpractice.
2. Minors: If the injured person is a minor, the statute of limitations may be paused (tolled) until they reach the age of majority.
3. Defendant's Absence: If the defendant leaves the state or conceals their identity, the statute may also be paused until the defendant is located.

These exceptions provide some flexibility but are rarely applicable in straightforward personal injury cases, such as motor vehicle accidents or slip-and-fall claims.

Practical Steps for Injured Parties

Given the shorter timeline, injured parties should adopt a proactive approach to ensure they don't lose their right to file a claim. Here are practical steps to consider:

• Act immediately after an accident: Seek medical care, report the incident, and document everything.
• Contact an attorney early: The sooner a lawyer is involved, the better equipped they'll be to gather evidence and prepare a case.
• Maintain detailed records: Retain all medical records, police reports, and any communication connected to the injury.
• Stay aware of deadlines: Familiarize yourself with Florida's laws and keep track of your specific statute of limitations.

Conclusion

The change from a four-year to a two-year statute of limitations in Florida demands a more immediate response from personal injury victims. Although this amendment might streamline court procedures, it can also impose challenges on individuals who are slow to recognize the need for a lawsuit. 

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Florida personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve. 

Contact us now for a free legal review.